Estate Planning

Whether you need a simple will or a complex estate plan, the attorneys at the Law Office of Sinclair & King will work to provide you with the information and guidance in choosing the the estate planning tools to accomplish your goals.

No matter the size, make up or circumstance, our office will work with you to tailor an estate plan that is specific to your needs so that you can feel secure about the future and your legacy. We will work with you to prepare the appropriate estate planning documents, including wills and trusts to carry out your goals and testamentary wishes, as well as guardianship designations, powers of attorney, medical powers of attorney, directives to physicians, and other related documents to accomplish your goals. If you have an existing estate plan, we are happy to review it with you to make sure that it addresses your current goals, family dynamics, and financial situation, and to ensure that it works under the current state of the law.

Probate and Estate Administration

Dealing with the loss of a friend or loved one is difficult enough without worrying about navigating your way through the Probate Courts and understanding Property distribution laws. Allow us to take that burden for you. Whether your loved one died with a will or without a will, we will navigate the path for you, educating you along the way. Probate is often an expensive and time-consuming court-supervised process of giving effect to the terms of a will and distributing one's estate. In Texas, there are a variety of factors that will influence how an estate can be created and administered, including whether the decedent died with a will or without a will. An administration of the estate may be necessary, while in other cases there may be alternatives to the formal probate process. These alternatives depend on the circumstances surrounding each case. A few of the alternatives are Affidavits of Heirship, Small Estate Affidavit, and Muniment of Title proceedings. In any case, you will want a knowledgeable attorney to guide you through the process of settling your loved one’s estate. If you are the beneficiary of an estate, you will undoubtedly have questions about your rights with respect to the estate property. If you have been named as an independent executor of an estate or as trustee of a trust, you will need to understand your responsibilities under the law, so that you can fulfill your duties and be protected from liability.

The attorneys at the Law Office of Sinclair & King advise clients in every capacity with respect to probate proceedings, and we are particularly experienced in a wide variety of administration matters. If you need assistance in initiating an estate proceeding or if you have a concern or problem with an ongoing estate administration, we can help you to understand your rights and legal options. Whether you need help with a complex, contested probate matter or a straightforward estate administration, please do not hesitate to give us a call.

Real Estate Transactions

If you are in the process of buying, selling, leasing real estate or refinancing real estate transactions you are certain to run into a number issues that require the assistance of an attorney experienced in real estate transactions. A variety of state and federal laws are present at every phase of a real estate purchase, from inspection to closing. If you are financings and refinancing there are number of pitfalls and traps that must be considered and planned for. Whether you are a landlord or tenant, there are numerous obligations provisions in Texas law and most leases you need to be aware of in order to protect your rights.

Guardianship Law

Guardianship is the legal process of one person taking over the rights and responsibilities for an incapacitated person (a minor child or someone who has become incapacitated through advanced age, medical condition, or disability). The incapacitated person’s ability to care for themselves is brought to the attention of the court, and another person is appointed to step in and care for them. It is a very serious process and should be treated with extraordinary care. In Texas a guardianship should only be established if there are no less restrictive alternatives, and if necessary the court can appoint a guardian of the person, a guardian of the estate, or both. Our firm focuses on helping families avoid guardianship whenever possible. We accomplish this through good estate planning, but sometimes guardianships are unavoidable. When the need for a guardianship arises, it is still important to keep the guardianship as limited as possible and allow the “ward” to be as involved as possible in the decision making process. “Ward” is the term used for a person who is determined incapacitated by the court and placed under a guardianship. It is important to remember that a disabled person is first and foremost a person. It is important to make sure the legal system respects that reality. The attorneys at the Law Office of Sinclair & King can help you assess whether a guardianship is appropriate for someone that you believe might be incapacitated.

Business Planning/Formation

Starting a new business can be overwhelming. Obtaining the proper legal documents and choosing the property entity should not be. Whether you are starting a business as a sole proprietor or looking for a business form that provides you with more liability protection, the Law Office of Sinclair & King can help. The State of Texas has four primary types of business entities: sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. We can walk you through the benefits and risk of the various entity types to determine which type of business entity is right for you and your business, so you can have the peace of knowing you have selected the best form to protect your investment.

Consumer Law

Consumers inadvertently and frequently fall victim to malevolent businesses operating in a variety of sectors, including the retail, service, construction, insurance, financial and investment industries. If you have been defrauded, taken advantage of or have been sold a defective product by an individual or company engaging in misleading, unconsciouable, or deceptive trade practices, you may have legal remedies available to you. The Law Office of Sinclair & King is available to examine your situation and to work to protect your rights as a consumer.

Collection Law

At the Law Office of Sinclair & King we work hard to maximize recovery for our clients who are owed outstanding debts and to protect are clients against wrongful and/or improper collection practice.

If you are an individual or business which needs assistance collecting outstanding accounts, delinquent commercial and consumer loans, promissory notes, lease agreements, payment for goods and services, and other debts, while minimizing the cost to obtain that recovery, we can help. Creditors have rights, and among them is the right to collect money they are owed. In Texas, attempts for nonjudicial collection are required in most cases before the matter can be taken to court. When seeking to collect a debt it is important to be well-versed in the laws that impact creditor's rights and collection efforts, such as the Texas Debt Collection Act, the Federal Fair Debt Collection Practices Act (FDCPA), the Texas Deceptive Trade Practices Act (DTPA), the Fair Credit Reporting Act, the Texas Finance Code, and the Texas Business and Commerce Code. Failure to follow proper procedure during the collections process can lead to a violation of a consumer protection law, which can prove costly for the creditor.

If you are being wrongfully pursued by creditor for a debt that has been paid or you are being harassed by a creditor or collection agency using abusive collection tactics, you are not alone. Laws such as the Fair Debt Collection Practices Act and the Texas Debt Collection Act were enacted to protect consumers from fraudulent and abusive collection tactics by individuals or corporations to obtain payment on outstanding debts. The Law Office of Sinclair & King will work with you and for you to put a stop to these unlawful predatory practices.

Gun Trusts

The second amendment protects citizens' right to bear arms. One tool that can assist in asserting this right is an National Firearms Act Firearm Trust (Sometimes referred to as NFA Trusts, Firearms Trusts, Gun Trust, Title II Trusts, or Class 3 Trusts). A NFA Firearms Trust is a unique legal instrument that helps deal with the issues that can arise with the sale, purchase, and ownership of Title II firearms. The National Firearms Act defines a Class 3 Firearm as a machine gun, sound suppressor (silencer), short-barreled shotgun, short barreled rifle, destructive device, and "any other weapon." These trusts are all specific types of a revocable living trust that deal with the unique issues of owning, transferring, and possessing Title II firearms. While motivations for establishing trust relationships vary greatly, there are many benefits to establishing an NFA Gun Trust, including streamlining the purchase requirements of Title II firearms (fingerprint requirements and photographic identifications, among other things, are not required) and ensure your property is protected in a manner you choose. Additionally, an NFA gun trust can be used to authorize several other people to be users of your Title II firearms without violating the law. Make sure your guns go to someone who appreciates them. The trust can continue to exist even after you are deceased. The Law Office of Sinclair & King can help you create a custom NFA gun trust that is designed specifically for your specific needs.